Buses and trains are convenient ways for large numbers of people to travel at once. Although readily available and environmentally friendly, these vehicles have the capacity to cause a lot of damage. If you were injured in a public transportation accident, you should take certain steps to ensure your rights are protected. Work with a Rockland County mass transit accident lawyer for skilled representation.
What Steps Should I Take After a Public Transportation Accident?
Being involved in any accident can be scary, confusing, and painful. Although you may be overwhelmed, it is important to take certain actions to ensure your safety and that you can be fairly compensated for your expenses and losses. Consider the following steps to take after a public transportation accident.
Seek Immediate Medical Care
- You should seek evaluation by the emergency medical technicians at the scene of the accident if possible, even if you feel okay
- You should follow up with your doctor
- Ensure you document new or worsening pain, head or neck symptoms, and any mobility issues that arise
- Keep all documentation, including discharge paperwork and imaging results
Report the Incident
- Ensure that the police are contacted following the accident
- Provide factual information regarding the whereabouts of the incident, the injuries you sustained, and information about the vehicle
- Submit a report with the MTA
Gather Evidence at the Scene
If it is safe to do so and you are physically able to, you should gather the following:
- Photos and videos of the accident scene and your visible injuries
- Witness names and contact information
- Contact information for the transit employees present
- Identifying details, like the vehicle number, operator number, or station name
Notify Your Insurance Provider
- You are generally required to notify your insurance provider of injuries within a certain amount of time (which will vary based on policy deadlines)
- Keep statements fact-based
- Do not speculate about fault
- Direct further questions to your attorney
Keep Ongoing Records of Damages
You should retain all information related to the damages you incur as a result of the public transit accident, including:
- Medical bills
- Time off from work and subsequent lost wages
- Daily limitations as a result of injuries
- The cost of transportation for injury-related treatment
What Types of Accidents Can Lead to Transit-Related Injuries?
While you may assume that public transit companies, like the MTA, will only face liability during an actual collision involving a bus, subway, or train, it’s important to understand that this is not the case. There are a number of hazards that can lead to injuries for which a public transit company can face liability.
Common Causes Seen in Public Transportation Claims
- Sudden braking or falls from collisions
- Slipping while boarding or exiting a vehicle
- Hazards on the platform
- Broken doors or equipment
- Lack of crowd control
Because these entities are controlled by the government, it’s important to understand that providers are typically required to take reasonable steps to keep their vehicles and the facilities that house them safe for riders.
Can I File a Claim For Injuries Sustained on Public Transit in New York?
If you are injured on public transit, you may be eligible to file a claim for compensation if:
- The agency or an employee of the agency failed to act with reasonable care
- That failure to act caused an injury
- You sustained measurable damages as a result of the injury
How Do Claims Against Transit Agencies Work in New York?
If you have suffered an injury on public transit, understanding the process of filing a claim against an agency is critical. It’s also important to understand, however, that filing requirements can vary by agency and municipality.
Step 1. File a Notice of Claim
You are unable to bring about a lawsuit against a government entity without first filing a Notice of Claim. This claim must:
- Be filed within 90 days
- Be served to the appropriate public agency
- Include information about the incident, the injuries you sustained, and the extent of your damages
Step 2. Establish Negligence and Liability
In order for your claim against the transit provider to be successful, you’ll need to show:
- That you, as a passenger, were owed a duty of care by the agency
- That duty was breached
- The breach directly caused your injuries
- You suffered documented damages as a result
This is generally supported by evidence like photos, witness statements, medical records, and police reports.
What Is the Statute of Limitations for Personal Injury Accidents in NY?
Under CPLR 214-A, the statute of limitations for a personal injury claim or lawsuit is three years from the date of the accident. This means you have three years to begin the legal process of pursuing compensation for your injuries and damages.
However, if you are pursuing damages from a government agency, the laws differ. As mentioned, you will have 90 days from the date of the accident to file a Notice of Claim with the appropriate party. Once filed, you will then have an additional one year and 90 days from the date of the accident to bring about a lawsuit.
Contact an Experienced New York Personal Injury Attorney Today
If you have suffered injuries as a result of the negligence of a public transit provider or agency, it’s in your best interest to connect with an experienced attorney with Mitchell J. Schroder, P.C. We understand how difficult these matters can be to navigate, especially when you are healing from the injuries you have sustained. As such, we will do everything possible to help you fight for the compensation you deserve. Contact us today to learn more about your legal options.
